Niadar And Another
v.
Delhi Administration And Another
(Supreme Court Of India)
Writ Petition Nos. 9609-10 of 1983 | 29-09-1988
1. Petitioner 1 is a casual labourer on daily wages working in the soil Conservation Department, Agriculture Section, Delhi Administration Delhi and Petitioner 2 is the Union of Casual Labourers working in the said department. They have prayed for the issue of the direction to the Delhi Administration and to the Union of India to regularise their services and also to pay each of them until such regularisation the minimum salary payable to be person regularly employed in a comparable posts in the department. It is stated that many of the casual labourers working in the above said department have been working for nearly 20 years as casual labourers
2. Following a number of decision rendered by this Court on the question of regularisation of casual workers and the need for paying them the minimum salary payable to a regular employee in a comparable post, we issue a direction to the Delhi Administration to prepare a scheme for absorbing the casual labourers who have worked for one year and more in the Soil Conservation Department as regular employees within six months from today and to absorb all such casual labourers who are found fit to be regularised under the scheme as regular employees. Until they are so absorbed the Delhi Administration shall pay w.e.f. October 1, 1988 to each of the casual labourers working in the Soil Conservation Department the salary or wages at the rate equivalent to the minimum salary paid to a regular employee in a comparable post in the Soil Conservation Department
3. The Writ Petitions are accordingly disposed of. No Costs.
2. Following a number of decision rendered by this Court on the question of regularisation of casual workers and the need for paying them the minimum salary payable to a regular employee in a comparable post, we issue a direction to the Delhi Administration to prepare a scheme for absorbing the casual labourers who have worked for one year and more in the Soil Conservation Department as regular employees within six months from today and to absorb all such casual labourers who are found fit to be regularised under the scheme as regular employees. Until they are so absorbed the Delhi Administration shall pay w.e.f. October 1, 1988 to each of the casual labourers working in the Soil Conservation Department the salary or wages at the rate equivalent to the minimum salary paid to a regular employee in a comparable post in the Soil Conservation Department
3. The Writ Petitions are accordingly disposed of. No Costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE E. S. VENKATARAMIAH
HON'BLE JUSTICE N. D. OJHA
Eq Citation
(1992) 4 SCC 112
LQ/SC/1988/513
HeadNote
Labour Law — Casual Labour — Regularisation/Absorption/Absorption of Casual Labour — Scheme for regularisation of casual labourers who have worked for one year and more in Soil Conservation Department as regular employees within six months from date of judgment — Casual labourers to be paid salary or wages at rate equivalent to minimum salary paid to regular employee in comparable post in Soil Conservation Department — Casual Labour (Para 2)
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